Gupta Loses Bid To Keep Rajaratnam Wiretap From Jury

Expert Analysis

• Keys To Co-Lending Agreements In Commercial RE

  

  Co-lending arrangements have long been used by commercial real estate lenders looking to spread risk, increase spreads, improve returns, free up capital and gain other advantages from utilizing participations, syndications, A/B loans and other co-lending vehicles. Practioners should keep in mind a few key considerations when crafting current co-lending agreements, says Hilary Metra Gevondyan of DLA Piper.

• Case Study: In Re Hartford Computer Hardware

  

  In Re Hartford Computer Hardware Inc. provides a window into the distinction between the orders that are available in a plenary case under the Canadian Companies’ Creditors Arrangement Act compared with the orders that can be recognized under Part IV of the act. Clearly, Canadian courts are very sensitive to the need for close cooperation with U.S. courts in cross-border insolvency matters, say Steven Golick and Patrick Riesterer of Osler Hoskin & Harcourt LLP.

• Pottage V. FSA — A Welcome Decision For UK Bank Execs

  

  The recent U.K. Upper Tribunal decision in Pottage v. Financial Services Authority makes clear that senior managers working in business and risk management functions are expected to act reasonably on the timing of reviews and the appropriate responses to business issues — and should not be held personally culpable in the absence of clear evidence to the contrary, say attorneys with Skadden Arps Slate Meagher & Flom LLP.

• FCA Suits: A Growing Concern In Trade Compliance

  

  A new trend in False Claims Act suits is emerging. Increasingly, international trade compliance lapses are serving as the basis for FCA suits. Steps should be taken to protect companies against this growing area of potential liability for international trade activities, say Lisa Crosby, Bob Conlan and Jill Caiazzo of Sidley Austin LLP.

• State Of The Tax Equity Market: Part 3

  

  Parts 1 and 2 of this series followed the discussion of a group of veteran tax equity investors — including managing directors at Bank of America, JPMorgan Capital Corp., Citigroup, Credit Suisse and consultancy CP Energy — regarding wind energy project financing in the tax equity market. Moderated by Keith Martin of Chadbourne & Parke LLP, the final article in this series covers life after 1603, new issues in deals and lessons learned.

• Old-Fashioned Conspiracy In Cutting-Edge Technology

  

  U.S. Attorney General Eric Holder has announced that the U.S. Department of Justice will continue to pursue litigation against Apple Inc., Macmillan Publishers Ltd. and Penguin Group Inc. for alleged price-fixing of e-books. The irony of this litigation is that it would appear that all the involved defendants were able to keep pace with technology, but not the simple evolution of corporate governance and compliance expectations, says Debra Rade of Rade Law LLC.

• Rethinking Common Wisdom Of 'Wage And Hour' Insurance

  

  Although the best strategy to avoid a devastating wage and hour class action is to carefully review your employment practices with a qualified attorney, an often overlooked component of a company’s protection from the financial consequences of such a claim is its insurance policies, say Barry Buchman, Kami Quinn and Jason Rubinstein of Gilbert LLP.

• Consumer Class Action Waivers Post-Concepcion

  

  Plaintiffs have attempted to argue that certain state laws that prohibit the enforcement of consumer arbitration agreements are different either substantively or procedurally from the California law preempted in Concepcion. The Ninth Circuit recently issued two opinions that shut the door on these arguments and provide businesses with significant guidance on how broadly they can write and enforce consumer arbitration agreements, says Christopher Ruhland of Dechert LLP.

• Revitalizing A Dead Patent Family

  

  The Federal Circuit has reversed a decision of the U.S. Patent and Trademark Office’s Board of Patent Appeals and Interferences and held that a continuing reissue application can be filed to add broadening claims after the two-year limit has lapsed. This is a potentially powerful tool for patent owners who seek to protect nonclaimed subject matter of a patent that no longer has any pending applications, says Justine Gozzi of Baker Botts LLP.

• FSMA’s Potential Impact On Commercial Contracts

  

  While a contract's force majeure clause may be boilerplate, the Food Safety Modernization Act provides new reasons to pay greater attention — new provisions of the FSMA, when taken together, greatly increase the probability that your supply chain, or your ability to comply with your contractual obligations, will be disrupted by some regulatory action by the U.S. Food and Drug Administration, say Michael Plunkett and Corinne Marie Pouliquen of Blank Rome LLP.